People v. Barre

Opinion

WOODS (Fred), J.

In a jury trial, when an alleged prior conviction has been denied and not bifurcated, may the trial judge take judicial notice of its records (Evid. Code, § 452, subd. (d)) as conclusive proof of that alleged prior conviction? Our answer is no. Accordingly, we in part reverse and in part affirm the judgment.

Factual and Procedural Background

Because there is no insufficiency of evidence claim, the facts may be stated simply.

On October 1, 1990, in the afternoon, 25-year-old Ronald Edward Barre, Jr. (appellant) entered Mervyn’s department store in Redondo Beach carrying a…